No. 1800 October Term, 1978, Appeal from the Order dated May 18, 1978, of the Court of Common Pleas, Trial Division, Law, for the County of Philadelphia, at No. 2667 June Term, 1973.
Stanford A. Hines, Philadelphia, for appellant.
Robert S. Robbins, Philadelphia, for appellee.
Wieand, Robinson and Louik, JJ.*fn*
[ 277 Pa. Super. Page 231]
This case arose out of the controversy over the distribution of the proceeds of a fire insurance policy. The plaintiffs were owners of property which was extensively damaged by fire. The premises were covered by a fire insurance
[ 277 Pa. Super. Page 232]
policy in the amount of $12,000.00. The defendant handled the details concerning the insurance claim and then proceeded to do the repairs on the premises.
There was a dispute between the parties as to the defendant's authority to handle the insurance claim and also that the repair work was not completed or done in a workman-like manner. The claim against the insurance company was not disputed and the $12,000.00 was paid into court pending the adjudication of the competing claims of plaintiff and defendant. The lower court entered an adjudication distributing the proceeds as follows:
To the plaintiff $4,150.00
To the defendant $7,500.00
The plaintiff filed exceptions to the adjudication and the lower court dismissed the plaintiffs' exceptions. In its Opinion, the lower court stated that the defendant never filed exceptions and that since defendant had filed no exceptions, there were no issues to litigate.
The defendant contends that he did file exceptions to the adjudication and that the court should have ruled upon these exceptions. ...